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| Marine Faces Court-Martial in Iraq Death |
| 2007-12-04 |
| CAMP PENDLETON, Calif. (AP) - A jury was selected Monday to hear the court-martial of a Marine reservist accused of murdering an Iraqi soldier while the two stood guard together in Fallujah. Three officers and five enlisted officers were impaneled to determine the innocence or guilt of Lance Cpl. Delano Holmes. Holmes has admitted stabbing to death Pvt. Munther Jasem Muhammed Hassin on Dec. 31, 2006, at a security post, but said he did so in self defense. Holmes, 22, of Indianapolis, has pleaded not guilty to charges of unpremeditated murder and making a false statement. If convicted on all counts, Holmes faces life imprisonment with the possibility of parole. Opening arguments were set to begin Tuesday. Attorneys for both sides argued motions over the use of photographs of Hassin's body as evidence and the use of statements taken from Iraqis as part of the investigation. One of Holmes' civilian attorneys, Stephanie Byerly, told the judge, Lt. Col. Jeffrey Meeks, it was not clear when the photos were taken - before or after the body was removed by Iraqis and turned over to Americans. Prosecutors told Meeks the pictures were taken within an hour of the fight. Meeks allowed some of the photographs but temporarily excluded use of a graphic video, which showed the body on the ground after the fight. The killing occurred in the pre-dawn darkness after Hassin allegedly opened his cell phone then lit a cigarette at the post, said another Holmes attorney, Steve Cook. The men were not supposed to display illuminated objects because of the threat of sniper fire, and Holmes made repeated attempts to get Hassin to extinguish the cigarette, Cook said. Holmes maintains he knocked the cigarette out of the soldier's hand and the two got into a fight, falling to the ground. During the struggle, Holmes felt Hassin reaching for his loaded AK-47, so he killed him with a utility knife and then radioed for help, Cook told The Associated Press prior to the start of the court-martial. Cook said Holmes was charged with murder because of the political climate at the time, citing incidents at Haditha and Hamandia where Marines were accused of murdering civilians. ``The military was attempting to show ... they were going to treat seriously or crack down on any allegations against Marines,'' Cook said. But the prosecutor, Maj. Christopher Shaw, hinted during motions arguments that it was a fight gone bad with Holmes stabbing, slashing and cutting the victim more than 40 times. Cook, a former federal prosecutor in San Diego, said he expects to call 20 to 30 defense witnesses, many of whom will testify for Holmes. The court-martial was expected to last about two weeks. Holmes, who is being held in the brig at Camp Pendleton, enlisted in the Marine reserves in May 2004 and was on his first deployment in Iraq, Cook said. He is from the 1st Battalion, 24th Marine Regiment, based out of Lansing, Mich. |
| Posted by:Steve White |
| #3 If there was a half burned ciggy at the site, I'd give Holmes a bronze star. |
| Posted by: wxjames 2007-12-04 11:40 |
| #2 Once again, MurthaF*cker, Lcpl Holmes is ON TRIAL. He is not guilty. He may be found guilty, he may be acquitted. (Yes, I know that it isn't really Murtha) |
| Posted by: Rambler 2007-12-04 10:53 |
| #1 See? I told you the Marines were guilty! |
| Posted by: Once-Upon-A-Time Marine Murtha 2007-12-04 06:17 |